U.S. domestic regulation of national airspace: An evolution and suggested way ahead

The various state and federal attempts at legislating UAS operations use over the last two years have been inconsistent, albeit with limited threads of similarity. The focus remains on regulating government actors. Legislators continue to take a smorgasbord-style approach to applying the Fourth Amendment. Helpful clauses that would protect individual privacy in a meaningful way still seem to elude most proposals. Procedural requirements and criminalization of government non-compliant UAS activity are proliferating at a breakneck pace. Moving forward, legislators must strike a balance. Future efforts must: branch out to more directly and thoroughly address private actors; place a renewed emphasis on the Fourth Amendment and its judicially recognized exceptions for law enforcement; define key terms; and address procedural requirements, such as licensing requirements, and skill tests, in addition to operational constraints.To date, efforts have been made primarily to restrain the technology. The efforts to confine prove unrealistic, however, because they do not offer solutions for proper development of UAS. A green light and oversight will have many beneficial attributes to society. With the continuing proliferation of UAS technology, the laws promulgated now will have an impact on future commerce, emergency response, and the daily welfare of our citizens. Therefore, the need for insightful UAS regulation requires significant leadership, relentless attention, and swift action in 2015 and beyond.